CCP

Question 1

An arrest warrant shall have all of the following substantial requisites; (15.02)

Answer 1

Issued in “The State of Texas”

1. Specify name, if unknown, reasonably definite description
2. State accused of some offense, naming the offense
3. Be signed by the magistrate, and his office be named in the body of warrant, or signed in connection w/ signature

Question 2

Execution of arrest warrant. (15.26)

Answer 2

• it shall always be made known to the accused under what authority the arrest is made
• shall be executed by the arrest of the defendant
• need not have the warrant in his possession at the time of the arrest
• shall show the warrant to defendant as soon as possible
• warrant is public information

Question 3

Search warrant is (18.01)

Answer 3

… commanding to search for any property or thing and to seize the same or to photograph a child…

A sworn affidavit setting forth substantial facts establishing probable cause shall filed in every instance in which a search warrant is requested.

Question 4

Contents of Search Warrant (18.04)

Answer 4

1. Name of “the state of Texas”
2. Identify, that which is to be seized and name or describe, the person, place or thing to be searched
3. Command any officer to search
4. Dated and signed by magistrate
5. Magistrates name appear in clearly legible handwriting or typewritten form

Question 5

How return made. (18.10)

Not later than _____ whole days after executing a search warrant, the officer shall return the search warrant.

Answer 5

3

Question 6

How return made. (18.10)

Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate:

Answer 6

A copy of the inventory of the property taken into his possession under the warrant.

Question 7

The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to 1._______ 2______ 3_______ 4_______
(5.04 a)

Answer 7

1. Protect any potential victim of family violence
2. Enforce the law of this state
3. Enforce a protective order from another jurisdiction
4. Make lawful arrests of violators

Question 8

A person who investigates family violence or responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved matches the address of: (5.04 a-1)

Answer 8

A current licensed foster home or verified agency foster home listed in TCIC

Question 9

A person who investigates family violence or responds to a disturbance call that may involve family violence shall advise any possible adult victim of: (5.04 b)

Answer 9

All reasonable means to prevent further family violence, including giving written notice of a victims legal rights and remedies and of the availability of shelter or other community services for family violence victims.

Question 10

The person making the arrest or the person having custody of the person arrested, shall without unnecessary delay, but no later than ___ hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where arrested (15.17 a)

Answer 10

48

Question 11

If the officer does not have the warrant in his possession at the time of arrest he shall (15.26)

Answer 11

Then inform the defendant of the offense charged and of the fact that a warrant has been issued.

Question 12

If the facts presented to the magistrate under 18.02 (issuance of a search warrant to photograph an injured child) also established the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition: (18.03)

Answer 12

Order the arrest of such person

Question 13

When the property which the officer is directed to search for and seize is found he shall take possession of the same and: (18.09)

Answer 13

Carry it before the magistrate

Question 14

It is the duty of every magistrate or peace officer to cause such persons to disperse. This may either be done by commanding them to disperse or ______ the persons engaged, either with or without warrant (8.04)

Answer 14

arresting

Question 15

The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to (8.06)

Answer 15

use any greater degree of force than is requisite to accomplish that object.

Question 16

The articles of Suppression of riots apply equally to an _________ (8.07)

Answer 16

unlawful assembly and other unlawful disturbances

Question 17

Any peace officer may arrest, without warrant; persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and; (14.03 a2)

Answer 17

the peace officer has probable cause to believe that there is danger of further bodily injury to the person

Question 18

A person is arrested when he has been _____________ or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant. (15.22)

Answer 18

actually placed under restraint

Question 19

In case of felony, the officer may break down the door of any house for the purpose ___________, if he be refused admittance after giving notice of his authority and purpose. (15.24)

Answer 19

of making an arrest

Question 20

A search warrant may not be issued unless the sworn affidavit sets forth sufficient facts to establish PC 1) that a specific offense has been committed, 2) property to be searched or seized constitue evidence of that offense, and 3) (18.01 c)

Answer 20

that property is located at or on the particular person, place or thing to be searched.

Question 21

A search warrant may be issued to search for and seize; property or items, except the ____________, constituting evidence of an offense or constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense; (18.02 (10))

Answer 21

personal writings by the accused

Question 22

The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution is: (1) _________ if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples (18.07)

Answer 22

15 whole days

Question 23

The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution is: (2) _________ if the warrant is issued under Article 18B.354 (electronic storage) (18.07)

Answer 23

10 whole days

Question 24

The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution is: (3) _________ if the warrant is issued for a purpose other than DNA or electronic storage. (18.07)

Answer 24

3 whole days

Question 25

Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless: 1) The order contains a termination date that has passed; 2) ______________ 3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated (5.05 d)

Answer 25

2) it is more than one year after the date the order was issued.

Question 26

The affidavit made before the magistrate or district or county attorney is called ______, if it charges the commission of an offense (15.04)

Answer 26

a complaint

Question 27

A law enforcement agency that arrests any person who the agency believes is enrolled as a student in a public school shall notify superintendent or school designee within _________ or ________ (15.27)

Answer 27

24 hours; before the next school day whichever is earlier

Question 28

Oral or written notice required under Notification of School Required, must include all pertinent details of the offense including; 1) assaultive behavior or violence 2) weapons used or 3) ______ (15.27)

Answer 28

weapons possessed during commission of offense.

Question 29

A search warrant may be issued to search for and seize (6) obscene materials kept or prepared for ____________ (18.02)

Answer 29

commercial distribution or exhibition

Question 30

To justify a seizure of personal property under Preventing Consequences of Theft, there must be reasonable ground to believe ___________ (18.16)

Answer 30

the property is stolen, and the seizure must be openly made and the proceedings had without delay.